If you were hit by a car while walking in Alexandria, your first instinct may be to assume the driver is at fault. After all, you were the one who was injured trying to get from point A to point B. But here’s something most people don’t realize until they’re in this situation. In Virginia, pedestrians can be found at fault for an accident.
Unfortunately, this can make it much harder to recover compensation for your injuries. Here is what you need to know if you have been involved in a pedestrian accident.
What Do I Need to Know About Fault in Virginia?
Virginia law follows the pure contributory negligence rule. This is one of the strictest legal standards in the country. Under this rule, if you are found to be even 1% at fault for the accident, you may be completely barred from recovering compensation. No matter the severity of the injuries or the driver’s negligent actions.
How Could a Pedestrian Be at Fault?
In many cases, pedestrians have the right of way, especially at marked crosswalks, intersections, and when traffic signals say walking is safe. However, there are situations where the law expects pedestrians to use caution. When you fail to do so, that can shift the blame.
These examples include:
Crossing Outside of a Crosswalk
In busy areas of Alexandria, like Old Town, Duke Street, or Eisenhower Avenue, many pedestrians cross mid-block to save time. However, this is a violation of local traffic laws. If an accident occurs while someone is jaywalking, the driver’s insurance company may argue that the pedestrian failed to use reasonable care.
Ignoring Traffic Signals
Pedestrians are expected to obey Walk/Don’t Walk signals at intersections. If someone enters the crosswalk while the signal says, “Don’t Walk,” they could be seen acting negligently, even if they thought they had enough time to make it across.
Sudden or Unsafe Entry into the Roadway
A driver may not have time to react if a pedestrian steps off the curb without warning, especially between parked cars or in low-light conditions. Even if the driver was speeding or distracted, the pedestrian may still be considered partially at fault for entering the road unsafely.
Walking While Distracted
Like distracted driving, distracted walking has become a growing safety issue. A pedestrian looking at their phone, texting, or wearing noise-canceling headphones may not be aware of traffic conditions.
If an accident occurs and the pedestrian was not paying attention to their surroundings, that could be used to assign fault.
Crossing High-Speed or Multi-Lane Roads Improperly
Crossing can be dangerous in areas like Route 1 or near freeway on-ramps. Pedestrians who try to cross multi-lane roads without a crosswalk or traffic signal may misjudge how fast vehicles are approaching.
If a driver doesn’t have a reasonable opportunity to slow down, the fault may shift to the pedestrian.
Walking While Intoxicated
Just like drivers, pedestrians are responsible for remaining aware and cautious.
If someone is under the influence of alcohol or drugs while walking and their judgment is impaired, that can lead to unsafe decisions like stumbling into the road or failing to obey signals. This can contribute to an accident and affect their ability to recover compensation.
These are the types of details insurance companies look for. If they can argue that you contributed to the accident in any way, even just a little, they can try to deny your claim.
What Happens After a Pedestrian Accident?
After an accident, you might receive a call from the driver’s insurance company asking you questions that seem innocent. But they are trying to protect their clients and their bottom line, not you.
They might ask questions like:
- “Were you in a crosswalk?”
- “Were you using your phone at the time?”
- “Did you see the car before stepping out?”
Their goal is to find a way to shift at least a small percentage of fault onto you. Unfortunately, in Virginia, that’s all it takes to avoid paying.
This is why fault matters so much in these cases. For that reason, you shouldn’t assume you’re automatically protected just because you were on foot. If you were injured, the details surrounding where, how, and when you crossed the street can all influence the outcome of your claim.
If you’ve been hit by a car while walking, contact Curcio Law. We understand Virginia’s tough negligence laws and will work to help you fight against the insurance company’s claims.
